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Waikato District Health Board v BS [2016] NZFC 1898

Published 31 July 2016

Test of mental disorder — compulsory treatment — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 2, 29, 33, Criminal Procedure (Mentally Impaired Persons) Act 2003, s 34(1)(b)(i). A Compulsory Community Treatment Order which originated from the District Court’s criminal jurisdiction under s 34(1)(b)(i) of the Criminal Procedure (Mentally Impaired Persons) Act was extended under the Mental Health (Compulsory Assessment and Treatment) Act. The treatment order would expire after 6 months as per s 33 of the Act. The patient opposed the making of the order, arguing that treatment was unnecessary, and his religious faith was being used against him. The patient believed he had literally been to hell, which an expert determined to be a delusion. The patient had a history of violence when unwell. The two limbed test of a mental disorder under s 2 of the Mental Health (Compulsory Assessment and Treatment) Act was met; the patient’s “abnormal state of mind” was on the balance of probabilities a risk to the safety of others. Necessity of the order was present as the patient stated he would not otherwise take medication, and the Judge believed the patient could be adequately treated in the community. **Note: names have been changed to comply with legal requirements.